ABSS board measured on impact of tenure ruling

Published: Friday, April 25, 2014 at 04:51 PM.

The Alamance-Burlington School System will have to wait to see what effect a judge’s decision in a lawsuit against the state’s law eliminating teacher tenure will have.

A Guilford County judge is backing Guilford and Durham school districts fighting a North Carolina law that phases out job protections for public school teachers in favor of employment contracts.

“Everybody’s saying they’re waiting for a written ruling from a judge,” said Steve Van Pelt, member of the Alamance-Burlington Board of Education, “It could make things more confusing — is it going to apply statewide or is it just going to apply to Guilford? We just don’t know.”

Superior Court Judge Richard Doughton said in court on Wednesday he would issue an order blocking the teacher-tenure law, according to the Associated Press.

The other 113 districts not involved in the suit, including the Alamance-Burlington School System, will have to wait until Doughton issues a written order find out if the decision applies to them. That could take several days.

The state law passed last summer phases out tenure for teachers and other public-school employees around the state. It includes a one-time offer of four-year contracts with $500 yearly raises adding up to $5,000 to a quarter of the teachers who could qualify for tenure. They would have to voluntarily give up their rights to tenure. Tenure for all teachers would end in 2018, pending several lawsuits.

The local board would have to make offers to 291 out of 1,165 eligible teachers, but it is doubtful that many would accept them.

The Alamance-Burlington School System will have to wait to see what effect a judge’s decision in a lawsuit against the state’s law eliminating teacher tenure will have.

A Guilford County judge is backing Guilford and Durham school districts fighting a North Carolina law that phases out job protections for public school teachers in favor of employment contracts.

“Everybody’s saying they’re waiting for a written ruling from a judge,” said Steve Van Pelt, member of the Alamance-Burlington Board of Education, “It could make things more confusing — is it going to apply statewide or is it just going to apply to Guilford? We just don’t know.”

Superior Court Judge Richard Doughton said in court on Wednesday he would issue an order blocking the teacher-tenure law, according to the Associated Press.

The other 113 districts not involved in the suit, including the Alamance-Burlington School System, will have to wait until Doughton issues a written order find out if the decision applies to them. That could take several days.

The state law passed last summer phases out tenure for teachers and other public-school employees around the state. It includes a one-time offer of four-year contracts with $500 yearly raises adding up to $5,000 to a quarter of the teachers who could qualify for tenure. They would have to voluntarily give up their rights to tenure. Tenure for all teachers would end in 2018, pending several lawsuits.

The local board would have to make offers to 291 out of 1,165 eligible teachers, but it is doubtful that many would accept them.

Detractors say the law pits teachers against one another, illegally takes tenure rights from teachers after they earned them under contract and piles on with other reforms making teaching less attractive.

Even some supporters of tenure reform and merit pay say the legislature should not have tried to take on both reforms in one law.

The Durham and Guilford school boards sought a court order freeing them from the requirement to select a quarter of their teachers for contract offers. They argued the new law is too vague and leaves them vulnerable to lawsuits.

School districts have until June 30 to offer the contracts.

Attorneys representing the state argued school districts could not sue.

The local board adopted a resolution asking the legislature to change the law but, unlike Guilford, is still complying with it.

“Until the legislature convenes and changes it,” said board vice chair Patsy Simpson, “we’re still required to follow the law.”

Mark Doane, executive director of human resources for ABSS advised the board to wait until June to make offers to teachers. He said it is possible the General Assembly will change the law in the short session, which could mean the district would have to rescind offers a month after making them.

The court decision could also influence the legislature’s decision.

“I am pleased with the outcome of that decision, and hopefully it will give our legislature an opportunity during the short session to reconsider teacher tenure as well as the 25-percent performance bonus,” Simpson said, “so I’m excited about it.”

North Carolina law for more than 40 years has said veteran teachers cannot be fired or demoted except for a series of listed reasons that include poor performance, immorality and insubordination. Career teachers also have the right to a hearing where they can challenge the reasons offered for their firing or demotion.

Gov. Pat McCrory's teacher advisory committee recommended in January that he work to modify the tenure law with “concrete standards” for selecting teachers who receive contracts and bonuses.